Lewis v. Wetherell
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Wadena county, where the action was tried by Baxter, J., without a jury. The action was brought by the purchaser at a mortgage sale against the mortgagor to recover possession after the year of redemption. It was begun in justice’s court, and certified to the district court because involving a question of title.
1Opinion of the CourtGileillan, C. J.
The defendant made a “homestead entry” upon a quarter-section of land under the laws of the United States, lived upon and improved the land, made the final proof, and on May 4, 1882, received the final certificate, entitling him to, and upon which he some time afterwards received, a patent for the land. May 6, 1882, he, with his wife, executed to plaintiff a mortgage upon the land, containing the usual power of sale and covenants of warranty, etc. February 13, 1885, plaintiff duly foreclosed the mortgage under the power, bid in the land at the sale, received the proper certifi*387cate of sale…
2Cases cited4 opinions
- Nycum v. McAllisterSupreme Court of Iowa · 1871
- Cheney v. WhiteNebraska Supreme Court · 1876
- Townsend v. FentonSupreme Court of Minnesota · 1883
- Moore v. McIntoshSupreme Court of Kansas · 1870
3Cited by8 opinions
- Lang v. MoreySupreme Court of Minnesota · 1889
- Doran v. KennedySupreme Court of Minnesota · 1913
- Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
- Orr v. UlyattNevada Supreme Court · 1896
- Boggan v. ReidWashington Supreme Court · 1889
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